Overall comments:
--The processes for timelines and communications listed in this proposed regulation are not clear and could result in lack of timeliness, putting a child’s status in limbo for a period of time.
--The regulations do not state if the child will remain with the relative denied approval while awaiting a decision, as specified in § 63.2-900.1 (D).
--Because the purpose of § 63.2-900.1 is to emphasize and protect the value of kinship when making placement decisions so as to minimize the trauma of separation on a child removed from the custody of her parents, the regulation should reference the local board’s duty under § 63.2-900.2, “Placement of siblings groups” by recognizing as a “relative” for the purpose of this statute a parent or custodian of siblings of the child whose placement is at issue. While a minor sibling cannot become a foster parent, the right of that sibling to have a relationship with a sibling in foster care, placing a child with that child’s parent or custodian should be protected through this regulation. At least 15 states statutorily recognize such a person as a relative receiving preference in placement decisions.
Specific Comments:
“An appeal request shall be deemed to be filed timely if it is mailed, faxed, electronically transmitted, or otherwise delivered to the DMAS Appeals Division before the end of last day of filing (30 days plus five mailing days after the date the Agency mailed the notice of adverse action). The date of filing will be determined by: the postmark date, the date of an internal DMAS receipt date-stamp, or the date the request was faxed or hand-delivered. In computing the time period, the day of the act or event from which the period of time begins to run shall be excluded, and the last day included. If the time limit would expire on a weekend or state or federal holiday, it shall be extended until the next regular business day. The DMAS Appeals Division will, at its discretion, grant an extension of the time limit for requesting an appeal if failure to comply with the time limit is due to a good cause such as illness of the appellant or their representative, failure to have been notified of the right to appeal, delay due to the postal service or to an incorrect address, or other unusual or unavoidable circumstances.”